Can you be held without bail for violating probation without being convicted of violation

Asked almost 2 years ago - Santa Ana, CA

arrested , cited , and released for dui then PO asks for court date for violation of probation , 2 months later still sitting in jail waiting for da to file charges for dui ( for which not guilty will be pled ) but in the mean time sitting in jail with no bail .

Additional information

my friend who is currently being held in OC central was on probation for a drug charge was pulled over for broken back window on car ran her then called out other officers to see if she was dui. They took her in and went as far as sticking her in dark rooms and then checking her pupils, no definitive results so they took blood which came back positive, but i am on the understanding that blood test can go back 30 days so to me not a reliable test for dui. She was cited and released but then p.o. arrested her for violation because of dui. She has been in jail now without bond for 6-7 weeks. At court date yesterday we were told it was being postponed for 3 more weeks to allow for time for filing of dui. She plans to fight the dui case as she was not under the influence at the time of driving but in the mean time she is being held without bond for violation of probation for a dui that has not been filed

Attorney answers (3)

  1. Edgar J. Reynoso

    Pro

    Contributor Level 12

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    Answered . Yes you can for a variety of reasons. It is recommended you contact an attorney asap to determine whether the no hold bail is justified in your specific case.

  2. Robert Laurens Driessen

    Contributor Level 20

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    Lawyers agree

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    Answered . Yes it is possible to have a no bail hold due to a probation violation. I am not certain why you have not had a hearing yet. Since you are in custody you should seek the services of the p ublic defender.

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  3. Scott Colman Thomas

    Contributor Level 5

    7

    Lawyers agree

    Answered . Yes you can for a variety of reasons- one being a felony probation violation. I would recommend contacting an experienced criminal defense attorney.

    These answers are not intended nor shall it be deemed to be the rendering of legal advise, they are given based on... more

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